Forgot to ad, the gun only has an MSRP of $329, so hiring an attorney is out of the question.
You aren’t going to get that gun back FRiend. If you do it would be a miracle.
THIS and all the dog shootings is people hate cops.
If you’re a cop, then please understand why I hate you, ok?
I mean that there are causes and effects.
When cops treat good people like criminals, then some and eventually all good people will treat cops like criminals.
Please understand why only cops will be your friends, ok cops?
Cuz you’re criminals.
What PD is this?
I had a problem last year where a pistol of mine was taken by law enforcement (I’ll tell you about it privately if you wish). All I had to do was provide the original purchasing paperwork (”Application/Record of Sale” SP 4-113 (8-2007)) and they cracked the safe open and gave me the weapon right then and there, even the ammo. I do however have a CCP and rendered that when I showed up to pick up my weapon so maybe that helped?
I don’t know your state, but here’s a sample statute.
“Art. 47.01a. RESTORATION WHEN NO TRIAL IS PENDING. (a) If a criminal action relating to allegedly stolen property is not pending, a district judge, county court judge, statutory county court judge, or justice of the peace having jurisdiction as a magistrate in the county in which the property is held or a municipal judge having jurisdiction as a magistrate in the municipality in which the property is being held may hold a hearing to determine the right to possession of the property, upon the petition of an interested person, a county, a city, or the state. Jurisdiction under this section is based solely on jurisdiction as a criminal magistrate under this code and not jurisdiction as a civil court. The court shall:
(1) order the property delivered to whoever has the superior right to possession, without conditions; or
(2) on the filing of a written motion before trial by an attorney representing the state, order the property delivered to whoever has the superior right to possession, subject to the condition that the property be made available to the prosecuting authority should it be needed in future prosecutions; or
(3) order the property awarded to the custody of the peace officer, pending resolution of criminal investigations regarding the property.
(b) If it is shown in a hearing that probable cause exists to believe that the property was acquired by theft or by another manner that makes its acquisition an offense and that the identity of the actual owner of the property cannot be determined, the court shall order the peace officer to:
(1) deliver the property to a government agency for official purposes;
(2) deliver the property to a person authorized by Article 18.17 of this code to receive and dispose of the property; or
(3) destroy the property.
(c) At a hearing under Subsection (a) of this article, any interested person may present evidence showing that the property was not acquired by theft or another offense or that the person is entitled to possess the property. At the hearing, hearsay evidence is admissible.
(d) Venue for a hearing under this article is in any justice, county, statutory county, or district court in the county in which the property is seized or in any municipal court in any municipality in which the property is seized, except that the court may transfer venue to a court in another county on the motion of any interested party.”
Call your Justice Center or whatever it’s called and nicely ask/plead with a deputy clerk in a circuit/district court to see if they can give you a push/help you get started with a pro se (one prepared w/o a lawyer) petition. Your county may have a web site with sample forms. Maybe you can cobble something together and get a judge to order return of the gun to you.
Bookmarking for home.
If the perp is suing the cops, the gun might be evidence in the civil case. Most likely the Civil Case will be put on hold until the perp gets out of prison. That could be a very long time.
Just write it off as a tax deduction and buy a new gun. Either that or put it in your will and let your grand children deal with it.
Who informed you that you could get the gun back? Was this in writting?
I had had a similar issue, but nothing in writting. I bugged them regularly for 18 months and eventually did get the gun back.
I had a Colt revolver stolen from my pickup in Norfolk, VA. I had NRA insurance and collected the value of the gun.
Maybe 5 years later I was living in Kansas and my old supervisor phoned and told me the cops in Norfolk had recovered my gun. I phoned them and within a week I had it back. They shipped it to the local Garden City, KS PD and they simply gave it to me when they got it.
I guess all cops aren’t bad.
I wouldn’t even want it back... You don’t know how many people were murdered with it.
File suit against the crook for all the emotional trauma you had to deal with from having your gun stolen.
Amendment Vand
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
18 U.S. Code § 242 - Deprivation of rights under color of lawAnd possibly 18 U.S. Code § 241.
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Stop emailing and phoning and use registered mail, which gives you PROOF of delivery/acceptance of your demand to have your stolen property returned.
They can ignore phone calls and emails till the cows come home because obtaining proof of those will be just as hard to obtain as the gun. But the USPS will provide you with a handy dandy return receipt/proof of delivery (with signature!) that is in your possession rather than theirs.
Seems stupid, but snail mail creates a paper trail they can’t control or expunge. Which means they are more likely to pay attention and deal with it appropriately.
Ditto on Post #10. I could not discern however, if your “contacts” with the PD/DA were via phone or face to face? Try face to face first. This lets the cops know you are not a drug-adled whack-job. Also, they know you are serious about getting your property back. If no results? #10...
File a pro se civil action in State Superior court. They’ll cough up your pistol real quick.
Police can be quite dishonest. When I was a student at Troy University back around 1971, I applied at the Sheriff’s office for a concealed carry permit.
The head of the local sportsman club had told me to apply and said the Sheriff had agreed to start issuing them after being told they would get him defeated if he kept not approving them.
Every time I would go in, the chief deputy would check and tell me that my investigation had not come back yet. After a couple of months of this and my not suspecting anything, I happened to go by when the Sheriff’s wife was handling the desk. She went and checked and immediately wrote me a permit.
It took a couple of months for me to figure out that deputy was simply lying to me. I didn’t know it for certain but in my mind I am.
I woman here had the same problem. Cops had her gun, kept putting her off, wouldn’t give it back, wouldn’t talk to her on the phone. She got it back when she got one of those investigative reporters involved.
We live in Oregon. A Gun was stolen from our Chevy Blazer a few years back. We gave them all the info they needed about the gun serial # and all. We didn't know it had been found and the thief was sent to prison. 3 years later we received a call from the police. They gave us gun, ammo and the holster. Hope your situation turns out as well.
The time to get it back is highly uncertain. I would guess that some cops want you to get it back and others don’t. It may help to go to the top (politely) and see if the Chief/Sheriff can make it happen, or to go to the bottom of the chain of command several times to see if you can find someone helpful. These things take time, often months or a year or two longer than expected. Good luck!
If it is city PD contact your city council person. County your county rep.